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Orrukem v Kikuch [1964] TTLawRp 16; 2 TTR 533 (3 February 1964)

2 TTR 533

TRIAL DIVISION OF THE HIGH COURT

PALAU DISTRICT

Civil Action No. 259

LUSII ORRUKEM

Plaintiff

v

FRANCISCO KIKUCH and BECHESELRAK

Defendants

February 3, 1964

Action to determine ownership of land in Koror Municipality which was transferred to defendant by valid will of one who owned it as individual land. The Trial Division of the High Court, Chief Justice E. P. Furber, held that in case of individual land, lineage or clan from which it came retains no control over it, so that individual owner's failure to live up to traditional obligations owed to clan does not impair his ownership.

1. Palau Land Law-Individual Ownership

Concept of individual land ownership was introduced in Palau Islands in order to get away from· complications and limitations of Palau custom.

2. Palau Land Law-Individual Ownership

In case of individual land in Palau Islands, lineage or clan from which it came retains no control over it.

3. Palau Land Law-Individual Ownership

Failure of owner of individual land in Palau Islands to live up to traditional obligations to lineage or clan from which land came does not in and of itself impair or limit his ownership of land.

FURBER, Chief Justice

FINDINGS OF FACT

1. The deceased Ngiracheluol (sometimes spelled Ngiracheluoluh) owned the land in question as his individual land.

2. Ngiracheluol made a valid will giving this land either to the defendant Kikuch and his brother Isak, or to Isak alone.

3. Isak has consented to the sale of the land by Kikuch to the defendant Becheselrak.

OPINION

This action involving land located in Koror Municipality, Palau District, is governed almost entirely by the principles discussed in conclusions of law by this court in the case of Ngiruhelbad v. Merii, Imesei, and Tarkong, 1 TTR 367 and the opinion of the Appellate Division in that action which was 2 TTR 631, affirming the decision of the Trial Division. See also the opinion in the case of Lusii Orrukem v. Kikuch and Issak, Palau District Civil Action No. 194.

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